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| PoK migrants want seat in LC; case before DB | | |
Early Times Report
Jammu, Mar 5- In a petition filed in the interest of about 12 lakh Pakistan occupied Kashmir migrants seeking representation in the state Legislative Council out of eight nomination seats, Justice Nirmal Singh of Jammu and Kashmir High Court Jammu Wing today, after hearing Senior Advocate SS Lehar with Advocates Anil Sethi and Akshay Anand appearing for the petitioners and Advocate General MI Qadiri appearing for the State, observed that this petition has been filed in public interest and directed the Registry to list this petition before the Division Bench after obtaining an order from the Chief Justice of State High Court.
In the petition it has been submitted that the members of SOS Association who came from Pak Occupied Area of J&K have not been settled permanently by the State government .During the course of arguments Senior Advocate SS Lehar submitted that according to Section 47 of the Constitution of J&K and Section 48 of Constitution of India, 24 seats are kept vacant in the Jammu and Kashmir Assembly for the area which is in illegal occupation of Pakistan and only election is held for 87 members as 24 seats were reserved for the persons of POK. He further submitted that though the persons who were residents of POK have migrated to India yet they have not been given the rights to elect the 24 representatives of the area in the State Legislative Assembly. He further submitted that the Kashmiri migrants who have migrated from Kashmir are casting their votes to elect the representative of the area to which they belong even they cannot contest the election while leaving in the migrant camp, but this right has not been given to the displaced persons of 1947 and further submitted that displaced persons of 1947 can also be accommodated in socially and economically backward classes. This will protect the interest of 12 lakh displaced persons, so the respondents are under an obligation to consider one person belonging to the displaced persons of 1947 and prayed for issuance a direction to the respondents to adhere to the law i.e. section 50 clause 6 of J&K Constitution, in composition of the legislative council and nominate the eight members as per the constitution of the State and prohibiting the respondents from nominating any person of the Legislative Council who did not fulfill the criteria. According to the Constitution, the Governor nominates eight members not more than three belongs to socially and economically backward classes in the State. JNF
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